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Ch. RIZWAN ALI RAA vs GOVERNMENT OF PUNJAB S — 2024 CLD 1089 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 CLD 1089 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
CLD
Parties
Ch. RIZWAN ALI RAA vs GOVERNMENT OF PUNJAB S
Subject matter
Constitutional
Provisions referred to
S. 12---C; S. 12; Punjab Environmental Protection Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Ch. RIZWAN ALI RAA VS GOVERNMENT OF PUNJAB S.12---Constitution of Pakistan, Art. 199---Constitutional petition---Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA)---Petitioner assailed Scheme sought to be launched by Provincial Government to provide motorcycles to students, on the plea that the Scheme would cause environmental pollution and adverse impact on environment by induction of a large number of motorcycles in the traffic pattern of Punjab---Validity---Provisions of S.12 of Punjab Environmental Protection Act, 1997, were couched in mandatory terms and prohibited commencement of any project unless an Environmental Impact Assessment had been filed with Provincial Agency whose approval had been obtained in such regard---Such, a fortiori, applies to a scheme or undertaking by Government and is the essence of a responsible Government---Environmental Impact Assessment (EIA) as a sine qua non was to be submitted by Transport Department with regard to the Scheme to Provincial Agency and a prior approval had to be obtained before the Scheme was formally launched---High Court directed Transport Department, to do the needful as it was under obligation to do so---High Court further directed that before the Scheme was formally put into effect and the distribution of petrol motorcycles would take place, an EIA was to be submitted to Provincial Agency for its approval in accordance with law---Constitutional petition was disposed of accordingly.

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